Immigration Nation


The federal government requires all U.S. employers to verify identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (the I-9 Form or Form).

The I-9 Form directs the employee to present specified documents evidencing identity and employment authorization and sign section 1 of the Form upon hire. The employer must (i) examine these documents to determine whether they reasonably appear genuine and relate to the employee; (ii) record the document information on the Form; (iii) retain the fully-completed Form for a designated period (either three years after the date of hire, or one year after the date employment is terminated, whichever is later); and (iv) make it available for inspection by authorized government officers.

The current I-9 Form and its 15-page “Instructions for Form I-9, Employment Eligibility Verification” (the Instructions) both expire on August 31, 2019.

Although the U.S. Citizenship and Immigration Services (USCIS) intends to make minor revisions to the Instructions to better assist employers, it does not anticipate making any changes to the I-9 Form itself.

Until the USCIS posts the updated I-9 Form (and the Instructions) with new expiration dates, employers should continue to use the existing version available on USCIS’s online I-9 resource center.

For further guidance, employers can download the USCIS’s comprehensive “M-274: Handbook for Employers: Guidance for Completing Form I-9” (Handbook), which includes information on completing and correcting the Form, reverifying or updating employment authorization, and frequently-asked questions.

For information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Cindy Bamforth

August 22, 2019

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